Maddox v. Ballard
Massachusetts Supreme Judicial Court
Tort for personal injuries sustained on August 7, 1911, when the plaintiff was in the employ of the defendant, who carried on business under the name of the Ballard Japanning Company. Writ dated January 20, 1912. In the Superior Court the case was tried before Quinn, J. The declaration and the evidence are described in the opinion. At the close of the evidence the judge refused to order a verdict for the defendant.
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Tort for personal injuries sustained on August 7, 1911, when the plaintiff was in the employ of the defendant, who carried on business under the name of the Ballard Japanning Company. Writ dated January 20, 1912. In the Superior Court the case was tried before Quinn, J. The declaration and the evidence are described in the opinion. At the close of the evidence the judge refused to order a verdict for the defendant. The defendant then asked the judge to make the following rulings: “1. On all the evidence, the plaintiff is not entitled to recover against the defendant Ballard. “2. On all the…
1Opinion of the CourtDe Cotjrcy, J.
The plaintiff’s injuries were due to an explosion of naphtha which was being poured into a large kettle of daub in the process of compounding a coating to be used in the manufacture of patent leather.
That he was in the exercise of due care apparently is not controverted. The case was submitted to the jury on three counts, the first alleging a failure to provide safe and suitable appliances, the second a failure to warn and instruct the plaintiff as to dangers that were incident to his work, and the third setting forth a general allegation of negligence. The jury were warranted by the evidence…
2Cases cited4 opinions
- Dulligan v. Barber Asphalt Paving Co.Massachusetts Supreme Judicial Court · 1909
- Delaney v. Framingham Gas, Fuel & Power Co.Massachusetts Supreme Judicial Court · 1909
- Erickson v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1906
- Brooks v. Kinsley Iron & Machine Co.Massachusetts Supreme Judicial Court · 1909
3Cited by8 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- Watkins v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1935
- Carpenter v. Sinclair Refining Co.Massachusetts Supreme Judicial Court · 1921
- Taylor v. Newcomb Baking Co.Massachusetts Supreme Judicial Court · 1945
- Ryan v. GrayMassachusetts Supreme Judicial Court · 1944
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